Law of Contracts
The Law of Contracts and the Municipal UNITED STATES Corporation. The Constitution provides that Congress has the power to exercise exclusive legislation in all cases whatsoever over such district not exceeding ten miles square, as may, by session of particular states and the acceptance of Congress, become the seat of government of the United States. In 1871 Congress exercise this power by legislating the organization of a municipal corporation to run the day to day affairs of the District of Columbia, the seat of government. The proper name of this municipal corporation is UNITED STATES. Congress adopted the text of the federal constitution as the constitution or charter of this municipal corporation. This municipal corporation was granted the power to contract to provide municipal services to the inhabitants of the District of Columbia and necessarily as an operation of the privileges and immunity clause of Article Four of the Constitution any other person who chooses to contract for its services. Congress has similarly provided for the organization of municipal corporations to provide services for the inhabitants of the several territories i.e. Puerto Rico, Guam, U.S. Virgin Islands, Northern Marianna Islands, etc. We are looking to find how these officials can get reelected by appeasing the peoples' demand for services that the constitution does not allow the republic to provide. Each of these municipal corporations has been granted the power to provide and obtain services by contract. Each municipal corporation, whether federal or at the state level, provide three separate and distinct areas of services. First these municipal corporations are providing essential governmental services. They perform the functions of executive, legislative and judicial departments of their respective governments through their several branches. While performing this function the municipal corporation and each of its officers is required to be bound by the applicable constitutions. These officers are bound because of the oath affirmation contract requirement at Article 6 of the federal constitution. This is where a remedy may be found when the individual officers of the municipal corporation violate the constitution while in the capacity of providing these essential governmental services. However, to obtain the remedy, you must know the law and more importantly be well disposed to use it. If you do not know how to enforce the law, the law is absolutely useless. If it appears that you do not meet the qualifications of a sovereign, knowing the law and being well disposed to use it, you are deemed to be the ward of the court and be represented by the states officer, an attorney, who in conjunction with the court, has the duty to protect you and your fellow members of society, from your incompetence. The second separate function of these corporations is to provide property management services relating to the property of the government. This includes management of the buildings, motor vehicles, record systems, parks, and providing police, acronym for policy enforcement services, etc. In this function the municipal corporation's powers and
Law of Contracts -- For Information Only 1
The unstated qualifier is that to exercise these rights they must know the law and be well disposed to use it. What is the governing law and how should that be applied. These municipal corporations are governed under their charters. Most of these former slaves did not know how to go out in the world and organize and run a business and therefore looked back to their former masters for opportunities. etc. and permits processes. Of course the prices at the company store. They must know and understand the contracts they chose to participate in and where appropriate negotiate those contracts to their best interest rather than just accepting those contracts as offered. they are also subject to Article 14 an amendment to the federal constitution. They must learn law and procedure. generally work together to prevent the share cropper from ever getting out of debt to the company store and having the standing to cancel the share crop contract and move on to more lucrative opportunities. The essential governmental services side of the municipal corporations enacted statutes preventing state charter corporations or any other state licensed
Law of Contracts -. the land owners knew the law and contracts and wrote contracts very beneficial to the host plantation and not very favorable to the share cropper. Of course. In the 1860's there were many former slaves around who were given equal protection of the law. professional and vehicle licensing. The next contract offering was for credit at the company store. In this section nearly all of the social services and benefits programs. have equal rights. however. It provided that those who are not born freemen would be recognized as an operation of law to have the same equal rights as those born free. This 14 th amendment did several things. The only constitutional provision governing these contract services is the constitutional prohibition on the impairment on the obligations of contracts you find at Article I section 10. outside the scope of what can be offered by the republic organized and constrained by the constitutions. Now that everyone. Contracting to work for a share of the crop proceeds. However. just as a former slave may. Many of the former slaves immediately exercised their newly acquired contract rights to become share croppers. Due to much activism regarding the unconscionable contracts to which share cropper had subjected themselves and other substantial disparities and contract labor situations the municipal corporations began offering alternative benefits programs in consideration for other obligations. Not inherently recognized as having rights but due to their newly free status Article 14 an amendment provided them equal protection of the law as if they had been born free. These benefits are private business activities controlled exclusively by the terms and conditions of the contract offering. and the structure of the share crop compensation plan. most of these former slaves did not know the law and were incompetent to engage in commerce even though they now had standing to do so. the free man may choose to accept benefits in exchange for consideration. with a proviso in the contract the contracted share cropper may not cancel the contract when there is an outstanding balance due at the company store. regulatory services. free man and former slave alike. The third separate function of these municipal corporations is the capacity to offer and market various benefits and services of a non-governmental nature.For Information Only
. with the financing charges.authorities are similar to any private person acting in a proprietary capacity. are provided.
known as FOIA. this process is called administrative procedures. If either party disagrees with the findings of the administrative law referee then the judiciary is brought in to resolve the controversy. is protected by the due process clauses of the federal constitution and its Fourteenth Amendment. In the peoples' realm. If those procedures do not resolve the conflict then and only then do you seek the assistance of the judges in resolving the dispute. Knowledge of the law will allow you to formulate questions of your adversary that will lead to your opponent having to assert the very position you want the record to reflect. This gives you the doorway to ask about the underlying obligations any person asserts that you may have. go to him
first in private and seek a resolution. This knowledge is not for the purpose of telling your adversary the law. so does law. "If thee have a dispute with thy brother. This is good advice for anyone involved in litigation even at the administrative level. This is done in writing. They are already presumed to know the law. This exact same procedure is found in Biblical text. sovereign and subject alike. The officer or agency representative then either agrees with you and set the record straight regarding the dispute or controverts or disagrees with your allegations and claims or asks for more information. If the officer or agency representative controverts the allegations and claims a third party witness generally know as an administrative hearings officer or an administrative law judge is brought in to assist in attempting to resolve the issues. In the garden God did not accuse any wrong doing. Law schools teach their students that they should never ask a question in trial that they do not already know the answer to. this questioning process is called common law process and specifically a demure. In the corporate realm. If you cannot resolve the dispute privately go to thy brother with one or two witnesses and seek a remedy. A few simple examples: A person that you're reasonably certain is representative of one of these municipal corporations contacts you and asserts that you need to contact them to obtain a license
Law of Contracts -. while at the very same time creating the public policy encouraging every business to partake of the benefits of the commercial side of the municipal corporations in consideration for waiver of their unlimited right to contract. These principles are also enacted for the states and their municipal corporations commonly called public disclosure laws.For Information Only
. The Freedom of Information Act. and the Privacy Act are in reality the peoples' common law subpoena power. This procedure has been around for many millennia. Nearly every state agency has published regulations and procedures governing its common law administrative proceedings. Since your adversary has now asserted your position you now simply agree with your adversary and win. As the Founding Fathers pointed out "Know the Law". Each federal agency has specific published regulations and procedures governing its common law administrative proceedings. How do we use this knowledge in our everyday lives to exercise our sovereignty? Everyone. The ancient Judean version is found in scripture."
Current administrative procedures statutes provide that you first go privately to the officer or agency you believe you have a conflict with.business from participating in such unconscionable labor contracts. Scripture teaches "Agree with thine adversary quickly". only asked questions.
If in a governmental capacity. We respond and agree that if we have an obligation to collect and return such a tax we should certainly do so. we want to see the constitutional delegation of authority to subject us to involuntary and uncompensated servitude as a tax collector. If we are forced to litigate to correct records created when the representative presumed a claim. Then. we ask that person to identify themselves and specially identify their principle. If it is the municipal corporation we again need to know if they are acting in the governmental capacity. in addition to knowing the law. is it the republic or the municipal corporation? If it is the republic. be well disposed to use it. we can easily get summary judgment base upon the fact that the agency through its representative has asserted that they can produce no evidence of a lawful
Law of Contracts -. we ask that person to identify themselves and specially identify their principle.For Information Only
.or permit. If in a proprietary or commercial vendor capacity we again need to see the underlying contract upon which the obligation lies. If the municipal corporation is the party we need to know if they are acting in a corporate or governmental capacity. If in a governmental capacity. we again need to know the constitutional authority to subject anyone to involuntary and uncompensated association and servitude. If in a governmental capacity. proprietary or as a municipal services vendor. When the agency representative asserts that they cannot produce proof of the underlining obligation we may simply agree with them that no evidence of an underlying obligation exists and that their original process fails to state a claim upon which relief may be granted. Another example: A person that we can be certain is a representative of one of these municipal corporations contacts us and asserts that we need to contact them relating to a tax obligation. If the municipal corporation we need to know if they are acting in a governmental capacity. Another example: A person that we can be certain is a representative of one of these municipal corporations' contacts us and asserts that we have an obligation to collect from others and return to the governmental or municipal organization sales or income taxes from other people. Then we ask that person to identify themselves and specially identify their principle. We respond and agree that if we have an obligation to pay such a tax we should certainly do so. we need to be informed of the constitutional delegation of authority to compel involuntary association and servitude. Again. If in a proprietary or commercial vendor capacity we need to see the underlying contract upon which the obligation lies. We respond and agree that if we have an obligation to get such a license and permit we should certainly do so. Is it the republic or the municipal corporation? If the republic we want to see the constitutional delegation of authority to compel involuntary association and servitude. we want to see the constitutional delegation of authority to subject us to that particular tax or to compel involuntary association and servitude. we need to be informed of the constitutional delegation of authority to subject us to that particular tax or to compel involuntary association and servitude. We must also. a proprietary capacity or as a corporate services vendor. Then. Is it the republic or the municipal corporation? If the republic is the principle. If in a proprietary or commercial vendor capacity we need to see the underlying contract upon which the obligation lies.
113 F. 380. it is the function of the citizen to keep the government from falling into error. 243 U. v. (1950) (Emphasis added. Merrill. Douds." 113 F. These errors can be addressed on appeal or collateral attack and if substantive may provide grounds for holding the officers of the court responsible for the damages based on the breach of their oath or affirmation contract required by Article 6 of the federal constitution. -----------------------------------
Who are you?
In Federal Crop Insurance v.)
Continental Casualty Co. We agree that there is no lawful claim." American Communications Association v. 60. 442.
(Emphasis added. 7 Wall. Once the fact of no obligation is established by summary judgment then appropriate orders can be given to correct records. The rules are binding upon the court and its officers and provide if properly administered most functions of the court are ministerial and not discretionary. Utah Power & Light Co.claim. there is no controversy therefore summary judgment is the correct remedy.S. 332 U. Any act without the scope of the authority so defined does not bind the principal. even though the agent himself may be unaware of the limitations upon his authority. anyone entering into an arrangement with the government takes a risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority. If the action is significantly adverse to the status quo the trial court is likely to make errors. 666. the Supreme Court ruled: “Whatever the form in which the government functions. 389. 311 U.S. To accomplish this we must study and understand the rules of the court in which we will litigate.)
"It is not the function of our Government to keep the citizen from falling into error. and generally. United States v.2d 284 (5th Cir.
(Emphasis added. replevin seized property. in re Floyd Acceptances. at 286.2d. United States. whose powers and authority are defined and limited by law.For Information Only
. and all persons dealing with such agents are charged with knowledge of the extent of their authority.” Also see. v.S.)
Law of Contracts -. or otherwise correct the wrongs resulting from the representatives erroneous presumption of an obligation.S. United States. 382. 339 U. 1940): "Public officers are merely the agents of the public. Stewart.
AGENCY 3 Tex Jur 3rd. 396 (8th Cir. VOID where prohibited by law. 199 F 2d 392. (Emphasis added. if introduced. V. nor is it intended to be.
"The law creates a presumption. Evidence Sec 190. If anything in this presentation is found to be in error a good faith effort will be made to correct it in timely fashion upon notification. and who understands this matter. 385. no liability assumed for use. Author does not consent to unlawful action.) Silence is acquiescence.S.For Information Only
.” (Emphasis added. "Silence can only be equated with fraud where there is a legal or moral duty to speak or when an inquiry left unanswered would be intentionally misleading. General Construction Co. The information you obtain in this presentation is not.S.2d.Therefore I do hereby respectfully demand that you fully and completely identify: • • • • • who you are. 1952) (quoting 20 Am Jur. must be proven out of the mouth of the principle. Notification of legal responsibility is "the first essential of due process of law". and who is the real party of interest. 550 F. and who is your principal. 269 U. Author advocates and encourages one and all to adhere to.391.
NOTICE: Information served herein is for educational purposes only.) Agency cannot be proven out of the mouth of the agent (attorney).
Law of Contracts -. would be adverse to his interests. support and defend all law which is particularly applicable. legal advice. See: Connally v.. where the burden is on a party to prove a material fact peculiarly within his knowledge and he fails without excuse to testify. See.297. Tweel. that his testimony." citing Meier v CIR. Texas Jur. See also: U. page 193. and by what authority (and nexus) you move in this matter.